United States · United States Congress · 2 August 1991
United States Flag Cruise Ship Competitiveness Act of 1991 - Amends Federal law (commonly referred to as the Johnson Act) relating to transportation of gambling devices to exclude from the definition of interstate commerce, transportation from a State to the same State through a place outside that State when such commerce may only be conducted through points not in that State. Repeals all of a specified Federal law (commonly referred to as the Gambling Ship Act) except provisions relating to the transmission of wagering information. Makes unlawful certain actions in connection with a vessel which has any gaming establishment aboard unless in compliance with certain regulations, including registration with the Attorney General and licensing by a State. Provides for certification by the Attorney General of State procedures.
United States · United States Congress · 2 August 1991
Food Quality Protection Act of 1991 - Title I: Cancellation and Suspension - Amends provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) relating to cancellation and changes in classification or other terms or conditions of registration with respect to the authority of the Administrator of the Environmental Protection Agency. Requires that a rulemaking under such provisions be based on a validated test or other significant evidence raising prudent concerns of unreasonable adverse effects to man or to the environment. Sets forth procedural requirements for such a rulemaking. Provides for amendment of a rule and for judicial review. Allows the Administrator, in the case of a suspension, to waive certain requirements. Allows the Administrator to elect to proceed with a special review proceeding or a public interim administrative review proceeding, if published before a specified date, under the law in effect before enactment of this Act. Requires the Administrator to reassess each tolerance and exemption from the requirement for a tolerance at certain times in connection with reregistration of pesticides. Establishes the Science Review Board to assist the Scientific Advisory Panel in reviews conducted by the Panel. Revises procedures applicable after denial of an application for registration. Allows the Administrator to deny an application for registration because it does not comply with the requirements of a rule issued under provisions of this Act. Repeals provisions regulating the authority of the Administrator to initiate a public interim administrative review process. Declares a decision made after a hearing in certain circumstances during phase three of reregistration to be final. Amends provisions regulating: (1) review by district courts of suspension of registrations; and (2) public hearings. Title II: Data Collection - Directs the Secretary of Agriculture to collect pesticide use data of Statewide or regional significance for all the major crops and crops of dietary significance. Mandates research, development, and dissemination of integrated pest management techniques and other pest control methods that enable producers to reduce or eliminate application of pesticides which pose a greater than negligible dietary risk to humans. Title III: Amendments to the Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to define, subject to exception, "pesticide chemical" as it is defined in the FIFRA. Adds to the list of prohibited acts under the FDCA violation of provisions relating to confidentiality of data, as amended by this Act. Deems a food adulterated if it bears or contains: (1) a pesticide chemical residue that is unsafe; or (2) a new animal drug, or conversion product thereof, that is unsafe. Sets forth requirements relating to tolerances and exemptions from the requirement of a tolerance for pesticide chemical residues in food, including residues of degradation products. Prohibits establishment of a tolerance higher than a level the Administrator of the Environmental Protection Agency determines is adequate to protect the public health. Sets forth the factors the Administrator must consider. Allows a greater than negligible dietary risk if: (1) use protects from greater adverse health effects to humans or the environment; (2) use avoids greater risks from another pesticide; or (3) the unavailability of the pesticide would reduce the availability of an adequate, wholesome, and economical domestic supply of the food, and the adverse effects from the reduction would outweigh the risk posed by the residue. Allows the Administrator to issue an exemption from the requirement for a tolerance only if the Administrator determines that a tolerance is not needed to protect the public health, in view of the levels of dietary exposure that could reasonably be expected to occur. Sets forth the factors the Administrator must consider. Sets forth procedures and requirements in connection with: (1) petitions for tolerances or exemptions; (2) certain actions authorized on the Administrator's own initiative; (3) the required submission of additional data to support the continuation of a tolerance or exemption; and (4) confidentiality of data submitted to the Administrator. Provides for continuation of previously issued regulations. Sets forth transitional provisions. Prohibits a final rule that revokes, modifies, or suspends a tolerance or exemption until the Administrator has taken any necessary action under the FIFRA with respect to the registration of the pesticide involved. Requires the Administrator, if the Administrator takes certain actions with respect to the registration of a pesticide, to revoke any tolerance or exemption that allows the presence of the chemical or chemical residue. Requires the suspension of any tolerance or exemption upon the suspension of the use of an associated registered pesticide. Provides for: (1) tolerances for unavoidable residues in the case of a residue of a canceled or suspended pesticide chemical that will unavoidably persist in the environment and thereby be present in or on a food; and (2) residues resulting from an application which was lawful at the time of the application. Directs the Administrator to require the payment of fees sufficient for the Administrator's functions under these provisions. Prohibits, subject to exception, a State from establishing or enforcing any limit on a qualifying pesticide chemical residue in or on any food which is not identical to Federal requirements. Prohibits a State from enforcing a residue limit which was lawful at the time of application. Authorizes appropriations for increased monitoring by the Secretary of Health and Human Services of pesticide residues in imported and domestic food.
United States · United States Congress · 2 August 1991
Amends the Internal Revenue Code to provide for an inflation adjustment to the inclusion in gross income of old-age, survivors and disability insurance and certain railroad retirement benefits when there is an increase in such benefits.
United States · United States Congress · 2 August 1991
Rescinds appropriations made available by the Department of the Interior and Related Agencies Appropriations Act, 1991 for: (1) Native Hawaiian Culture and Arts, to develop and stimulate sales of Native Hawaiian handicrafts; (2) planning and construction of certain Federal and non-Federal projects at America's Industrial Heritage Park, Pennsylvania; (3) construction of a museum at the Cordell Hull residence in Tennessee; (4) restoration of the Keith Albee Theatre, Huntington, West Virginia; and (5) rehabilitation of locomotive artifacts at Steamtown, Pennsylvania. Rescinds appropriations made available by the Department of Transportation and Related Agencies Appropriations Act, 1991, for: (1) a bicycle transportation project in Macomb County, Michigan; and (2) Biscayne Boulevard renovation in Miami, Florida. Rescinds appropriations made available by the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1991 for a performing arts and cultural center in North Miami Beach, Florida. Rescinds appropriations made by the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 for: (1) the International Fund for Ireland; and (2) the retirement of debt owed by the University of Central America to the Inter-American Development Bank. Rescinds appropriations made by the Legislative Branch Appropriations Act, 1991 for: (1) the layout of fitness facilities for House office buildings; (2) the upgrade of the Senate subway system; and (3) modular furniture for Senate office buildings. Rescinds appropriations made by the Rural Development, Agriculture, and Related Agencies Appropriations Act, 1991 for a fish farming station in Stuttgart, Arkansas. Rescinds appropriations made by the Department of Defense Appropriations Act, 1991 for the design and construction of a parliament building in the Solomon Islands.
United States · United States Congress · 2 August 1991
Audio Home Recording Act of 1991 - Amends Federal copyright law to: (1) set forth definitions relating to digital audio recording devices and media; and (2) prohibit certain copyright infringement actions based on the manufacture, importation, or distribution of a digital or analog audio recording device or medium, or the use of such device or medium for making phonorecords, except when done for commercial advantage. Sets forth a mandatory recordation and filing procedure for the importation, manufacture, or distribution in the United States of digital audio recording devices or media. Requires importers and manufacturers to file quarterly and annual statements of account with the Register of Copyrights (the Register). Mandates Register verification of such statements. Sets forth verification guidelines. States that verification audit costs shall be borne by interested copyright parties. Sets forth confidentiality guidelines with respect to such mandatory statements of accounts. Prescribes royalty payment guidelines for digital audio recording devices and media imported, manufactured, or distributed in the United States. Requires that royalty payments be deposited into the Treasury. Identifies interested copyright parties entitled to royalty payments. Prescribes royalty payment allocation and distribution procedures. Permits alternative royalty collection and distribution arrangements to be negotiated among interested copyright and manufacturing parties. Maintains the Copyright Tribunal jurisdiction over such negotiated arrangements insofar as nonparticipant interests are affected. Prohibits: (1) the importation, manufacture, and distribution of any digital audio recording device or audio interface device that does not conform to certain standards and specifications to implement the Serial Copy Management System; and (2) the circumvention of such System. Directs the Secretary of Commerce to publish in the Federal Register a certain Technical Reference Document which sets forth the standards and specifications pertinent to the Serial Copy Management System. Authorizes the Secretary to implement such System according to the prescribed guidelines. Sets forth civil remedies for violations of this Act, including impoundment, remedial modification and destruction of non-complying devices, and binding arbitration.
United States · United States Congress · 1 August 1991
Uniform Business Tax Act of 1991 - Amends the Internal Revenue Code to impose a uniform nine percent tax on the taxable value of property and services produced and sold in the United States by a taxable business. Provides that the taxable value shall be equal to the net business receipts of the business. Declares that the minimum tax shall not be less than the sum of employer payroll taxes. Allows as a credit against the uniform business tax for any taxable year of an amount equal to the minimum uniform business tax credit for such year. (Provides a formula for determining such minimum tax credit.) Defines net business receipts as the excess of business receipts over business expenses. Defines business receipts as the aggregate amount received in connection with a business from: (1) the sale or rental of property located in the United States; (2) the performance of services in the United States; or (3) the sale or use of intangibles (such as copyrights, patents, franchise rights, and know-how) in the United States. Excludes receipts from exports and certain other receipts. Defines business expenses as any amount paid by the taxpayer with respect to a business of the taxpayer for the purchase or use of property or for the purchase of services. Specifies expenses that are not included as business expenses. Sets forth special rules for determining business receipts and expenses with respect to: (1) sales of property; (2) services performed both inside and outside the United States; (3) exchanges treated as sales; (4) intermediation services in the case of insurance activities; and (5) sale or lease payments received in more than one taxable period. Provides special rules for possessions corporations in determining net business receipts. Provides that the uniform business tax will not be imposed on tax-exempt organizations. Defines a taxable business as: (1) any C corporation (any corporation other than a small business corporation); and (2) any other taxpayer with business receipts in excess of $50,000. Sets forth administrative provisions concerning the time for filing returns and consolidated returns of an affiliated group of corporations. Allows a tax credit against the net uniform business tax paid or incurred by an eligible taxpayer (any person liable for such tax). Imposes a tax on importers of nine percent of the customs value of all imported property for consumption, use, or warehousing, except for items entered into the United States duty-free. Repeals the: (1) corporate income tax; and (2) corporate minimum tax. Makes the employment tax on wages and the employer railroad retirement tax on compensation inapplicable to employers subject to the uniform business tax.
United States · United States Congress · 1 August 1991
Military Retirement Equity Act of 1991 - Permits retired members of the armed forces to be paid retirement pay concurrently with compensation for any service-connected disability if the person's entitlement to such retirement pay is based solely on: (1) age; (2) length of service; or (3) both. Reduces the amount of retirement pay, in the case of individuals receiving both types of pay, by a specified percentage of the disability compensation which decreases as the disability rating increases. Prohibits any reduction in the retirement pay of a disabled person when the disability rating is total. Expresses the sense of the Congress that, once the Federal budget deficit has been reduced, the Congress should reexamine and eliminate any offset of retired pay by a veteran's disability compensation.
United States · United States Congress · 31 July 1991
Economic Growth Act of 1991 - Title I: Investment and Job Creation Incentives - Subtitle A: Reduction in Capital Gains Tax for Individuals - Amends the Internal Revenue Code to allow a capital gains deduction for individuals for assets held from one to three years. Provides special rules for the gain or loss from the sale or exchange of collectibles and sales of interest in partnerships. Disallows such deduction in computing the alternative minimum tax. Revises the formula for determining gain from the dispositions of certain depreciable realty to take into account depreciation adjustments (adjustments allowed or allowable for exhaustion, wear and tear, obsolescence, or certain amortization). Subtitle B: Inflation Adjustment for Investments - Requires indexing, based on the consumer price index, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset of property used in a trade or business after April 15, 1991) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss. Provides for the inflation adjustment treatment of: (1) short sales; (2) regulated investment companies and real estate investment trusts; and (3) partnerships, S corporations, and common trust funds. Prohibits gain from the sale or other disposition of an indexed asset from being taken into account under the limitation on investment interest. Subtitle C: Enterprise Zones - Part I: Designation - Authorizes the Secretary of Housing and Urban Development (Secretary) to designate enterprise zones for purposes of providing tax and regulatory relief and improving local services. Limits choices to areas nominated by States and local governments. Limits the total number of areas that may be designated, and the time period of the designation. Authorizes the Secretary to designate a zone only if the area meets certain locational, demographic, unemployment, and poverty criteria. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action that may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, and providing job training to area residents. Describes areas to which the Secretary must give preference in selecting areas for designation. Requires the Secretary to report to the Congress every two years on the effects of such enterprise zones' designation in accomplishing the purposes of this Act. Part II: Federal Income Tax Incentives - Allows a nonrefundable income tax credit to enterprise zone employees for five percent of any wages earned as do not exceed a specified amount. Phases out such credit. Provides for the nonrecognition of capital gain on the sale of enterprise zone property. Allows a taxpayer a deduction on the aggregate amount paid for the purchase of enterprise stock on its original issue by a qualified issuer. Requires any gain from the disposition of the stock to be treated as ordinary income. Excludes enterprise zone capital gains from income computation of alternative minimum taxes. Part III: Regulatory Flexibility - Amends Federal law to revise the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified business, government, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations pertaining to the implementation of projects or activities within an enterprise zone. Requires agencies to approve the request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in retaining the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement or present a danger to the public health and safety. Part IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Zone Board to consider on a priority basis and to expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. Part V: Repeal of Title VII of the Housing and Community Development Act of 1987 - Repeals title VII (enterprise zone development) of the Housing and Community Development Act of 1987. Subtitle D: Research and Experimentation Credit Made Permanent - Makes permanent the tax credit for increasing research activities and the tax credit for clinical testing expenses. Title II: Savings Incentives - Allows individuals to establish individual retirement plus accounts with tax treatment similar to that for individual retirement plans. Makes contributions to such accounts nondeductible. Allows existing individual retirement accounts (IRA) to be rolled over into individual retirement plus accounts with payment of tax on the amount rolled over for which a deduction was once allowable, but no tax when withdrawn. Title III: Homeownership Incentives - Subtitle A: First-Time Homebuyers - Allows a tax credit for the first-time purchase of a principal residence by individuals with incomes of $31,000 or less (phased-out to incomes of up to $41,000). Limits such credit to $1,000. Subtitle B: Penalty-Free IRA Plus Withdrawal for Home Purchase, Higher Education, and Health Costs - Allows penalty-free distributions from IRA Plus accounts of up to 25 percent of the account limit for: (1) first-time homebuyers; (2) medical expenses; and (3) higher education expenses. Title IV: Work Incentives - Subtitle A: Reduction in Social Security Penalty on Working Elderly - Amends title II of the Social Security Act (Federal Old-Age, Survivors, and Disability Insurance Benefits) to raise the earnings limit for retirees. Appropriates to each payor fund amounts equivalent to the aggregate increase in social security benefits payable from such fund which is attributable to such amendment. Directs the Secretary of Health and Human Services to study during 1997 whether further amendments relating to deductions on account of work and the exempt amount under the earnings limit are necessary or appropriate. Subtitle B: Economic Growth Dividend - Requires any economic growth dividend (as determined by the Secretary of the Treasury) to be used to increase the personal exemption amount. Requires, after 1995, all revenues resulting from real growth in the gross national product greater than three percent to fund an increased personal exemption. Requires, for fiscal years beginning on or after October 1, 1992, and before October 1, 1995, that 50 percent of such dividend be used to increase the personal exemption amount and the other 50 percent be used to make a downward adjustment in the maximum deficit amount.
United States · United States Congress · 31 July 1991
Amends the Federal Aviation Act of 1958 to require air carriers that have acquired a certificate transferring air route authority from another air carrier to hire from such air carrier, in order of seniority, no less than the number of employees required to operate such route. Affords such hired employees seniority integration protections provided in Tiger International Seaboard Acquisition Case, CAB Docket 33712. Provides for the enforcement of such seniority protections by U.S. district courts. Amends the Airline Deregulation Act of 1978 to declare that air carrier employees who are furloughed or terminated by an air carrier (other than for cause) prior to the last day of the 17-year (currently, ten-year) period beginning upon enactment of such Act shall have first right of hire, regardless of age in his or her occupational speciality by any other air carrier that is hiring additional employees.
United States · United States Congress · 31 July 1991
Department of the Environment Act of 1991 - Redesignates the Environmental Protection Agency as the Department of the Environment, an executive agency to be administered by a Secretary of the Environment.
United States · United States Congress · 31 July 1991
Tax Fairness and Accountability Act of 1991 - Amends the Congressional Budget Act of 1974 to require any legislation that increases the tax rate, the tax base, or the amount of income subject to tax, or decreases a deduction, exclusion, or credit to be approved in the House of Representatives and the Senate by an affirmative vote of three-fifths of its Members.
United States · United States Congress · 31 July 1991
All-Americans Savings and Investment Incentive Act of 1991 - Amends the Internal Revenue Code to provide individuals a deduction for capital gains based on the period the asset is held (up to three years). Excludes collectibles from such assets. Makes such deduction an item of tax preferences. Excludes from gross income interest received during a taxable year up to $350 ($700 in the case of a joint return). Provides a phaseout of such exclusion for incomes over $50,000. Makes such exclusion applicable to distributions from regulated investment companies and real estate investment trusts. Makes certain nonresident aliens ineligible for such exclusion.
United States · United States Congress · 26 July 1991
Calls on the Government of Vietnam to: (1) make public the names of all individuals who continue to be held in "reeducation" camps or prisons in connection with suspected opposition to the Government; (2) release immediately all remaining long-term detainees from such camps or prisons; (3) grant exit permission to all Vietnamese who qualify for resettlement in the United States through the U.S. Special Released Reeducation Center Detainees Resettlement Program; and (4) end immediately all arrests or rearrests of detainees.
United States · United States Congress · 25 July 1991
Fairness in Product Liability Act of 1991 - Governs any product liability action brought in either State or Federal court against a manufacturer or product seller on any theory for harm caused by a product, superseding State law in specified ways and degrees. Makes a product seller liable only if the seller: (1) failed to exercise reasonable care regarding the product, and the failure was the proximate cause of the harm; (2) made an express warranty, independent of any express warranty by the manufacturer, the product failed to conform to the warranty and the failure caused the harm; or (3) engaged in international wrongdoing which was a proximate cause of the harm. Makes a product seller liable as if the seller were the manufacturer if: (1) the manufacturer is not subject to service of process under State laws; or (2) a court determines the claimant would be unable to enforce a judgment against the manufacturer. Allows, in certain circumstances, a complete defense of alcohol or controlled substance use. Reduces damages by the percentage of harm attributable to misuse or alteration of a product by any person, subject to exception involving misuse or alteration by the claimant's employer or coemployees. Allows punitive damages against a manufacturer or seller for conscious, flagrant indifference to user safety. Prohibits, in certain circumstances, punitive damages regarding a drug or device, as defined in the Federal Food, Drug, and Cosmetic Act, unless packaging of a drug is substantially out of compliance with tamper-resistant packaging regulations. Declares manufacturer or seller liability to be several and not joint for noneconomic damages. Requires a product liability action to be brought within two years after the harm and its cause is, or with reasonable diligence should have been, discovered. Sets the time limit at 25 years for products which are capital goods. Requires offset of workers' compensation benefits. Sets forth rules regarding subrogation, contribution, indemnity, and liens. Provides for tort actions against employers. Prohibits U.S. district courts from having jurisdiction under specified provisions of Federal law over any civil action arising under this Act.
United States · United States Congress · 25 July 1991
Condemns Syria's denial of Syrian Jews' right to travel freely and calls upon the Syrian Government to: (1) immediately grant Syrian Jews the right to travel freely without imposing a fee; and (2) release all Jewish prisoners who were charged or suspected of traveling illegally. Urges the President to encourage U.S. allies and trading partners to make similar pleas to the Syrian Government. Calls upon the United Nations to send an official delegation to Syria to investigate the present condition of Syrian Jews.
United States · United States Congress · 23 July 1991
Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to explicitly prohibit State or local governments from taxing OASDI benefits.
United States · United States Congress · 23 July 1991
Expresses the sense of the House of Representatives that the people of the United States should recognize: (1) the tenth anniversary of "An Artistic Discovery" (the Congressional High School Art Competition); and (2) its success in encouraging the creative endeavors of our Nation's young artists and forging strong working relationships among the Congress, businesses, and the arts community towards the ultimate goal of providing opportunities for high school students to express their artistic talents.
United States · United States Congress · 22 July 1991
Petroleum Marketing Competition Enhancement Act - Amends the Petroleum Marketing Practices Act to prohibit a refiner from: (1) selling motor fuel to a customer for resale (customer) at a price higher than the refiner's adjusted retail price for the same or a similar grade or quality of motor fuel sold from a direct operated outlet in the same geographic area (sale of fuel at higher prices); and (2) entering into a scheme or agreement to set, change, or maintain maximum retail prices of motor fuel, except with respect to a refiner's retail sales at its direct operated outlets. Requires that: (1) in comparing a refiner's adjusted retail price to a refiner's price to other customers, adjustments be made to account for differences in freight, taxes, and inspection fees, whether or not the items are separately listed as part of the price; and (2) if a refiner includes consumer credit as part of its price, an adjustment for the cost of such credit be made in comparing the prices. Sets forth enforcement provisions, including: (1) proceedings by the Attorney General (establishes fines ranging from $5,000 to $25,000 for each violation, and authorizes civil actions and equitable relief); (2) private civil actions, including class actions, (and establishes a right to jury trial); and (3) proceedings by State attorneys general. Allows a person bringing an action to enforce provisions concerning the sale of fuel at higher prices to establish a prima facie case by showing that the refiner has sold motor fuel to a customer at a price that is higher than: (1) 94 percent of its consumer retail price per gallon (or, in the event of a sale to a branded wholesaler, 90 percent); or (2) the refiner's consumer retail price per gallon less the most recently available average retail operating expenses per gallon (and, in the event of a sale by a refiner to a branded wholesaler, also less the most recently available average wholesale operating expenses per gallon for the State in which the consumer retail price was charged). Specifies that: (1) in the event that the relevant State has not conducted an annual survey (pursuant to this Act) to determine the average retail or average wholesale operating expenses, the average operating expenses for the retail and wholesale petroleum industry, as determined by the Secretary of Energy, shall be used; and (2) such prima facie case may be overcome by a preponderance of evidence that the refiner's actual retail and average wholesale operating expenses, if applicable, are less than the evidence presented by the plaintiff to establish such prima facie case. Directs the Secretary to conduct an annual survey to determine the average retail and average wholesale operating expenses per gallon for the petroleum industry. Permits a State or State agency to authorize an annual State survey to reflect local conditions with respect to motor fuels sold to the public in that State. Directs that any such survey regarding: (1) retail operating expenses and actual wholesale operating expenses be based upon all direct and indirect expenses attributable to the sale of a gallon of motor fuel to the public by direct and nondirect operated outlets; and (2) wholesale operating expenses be based on all direct and indirect expenses attributable to the wholesale sale of a gallon of motor fuel by a refiner or a branded wholesaler to a branded dealer.
United States · United States Congress · 16 July 1991
Amends the Internal Revenue Code to permit deferred compensation plans of State and local governments and tax-exempt organizations to make distributions to a participant if: (1) the total does not exceed $3,500; and (2) such amount may be distributed only if no amount has been deferred during the two-year period ending on the date of distribution and there has been no prior distribution. Allows the plan to distribute such amount without the participant's consent under such circumstances. Allows participants to make one change in their deferred distribution date. Provides for a cost-of-living adjustment to the maximum deferral amount per year.
United States · United States Congress · 16 July 1991
Expresses the sense of the Congress that the Postmaster General should issue a postage stamp commemorating the service of veterans of the U.S. armed forces who served during a period of armed conflict. Provides that such stamp should be issued for a one-year period at one-cent above the denomination that applies to first class mail weighing up to one ounce. Requires the one-cent profit from the sale of such stamp to be: (1) used for improvements in pension, compensation, and life insurance programs in the Department of Veterans Affairs; and (2) considered as funding in addition to funds already appropriated for such programs in the Department.
United States · United States Congress · 15 July 1991
Prohibits the Secretary of Veterans Affairs from making any payment for covered drugs and biologicals unless the price charged by the manufacturer is determined in accordance with an agreement between the Secretary and the manufacturer pursuant to the Social Security Act, under which the price charged cannot exceed the price charged as of September 1, 1990, increased by the sum of the covered drug updates. States that such pricing agreement shall apply to any drug or biological product procured by the Department of Veterans Affairs that is: (1) purchased under a depot contracting system; or (2) listed under the Federal Supply Schedule of the General Services Administration on or after January 1, 1990. Amends the Social Security Act to exclude the prices for prescription drugs procured by the Federal Government from the calculation of best price procurement for purposes of application of Medicaid rebate agreements. Directs the Secretary to conduct a study of, and report to the Senate and House Veterans' Affairs Commitees on, the costs and availability of drugs and biological products for programs of the Department as they relate to exemptions and limitations under this Act.
United States · United States Congress · 11 July 1991
Access to Life-Saving Therapies Act - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services, through the Food and Drug Administration, to approve, at the request of the sponsor and on an expedited basis, a drug or biologic needed to treat or prevent a life threatening disease or seriously debilitating illness if the drug or biologic meets certain conditions, including some indications of effectiveness and safety and a lack of alternative satisfactory therapy. Deems an application under the amendments made by this Act approved unless other action is taken within 120 days. Prohibits any health insurance policy or plan from distinguishing, for the purpose of determining whether a drug is eligible for coverage or reimbursement, between a drug approved under the amendments made by this Act and one approved under specified other provisions of the Public Health Service Act. Mandates suspension of approval under the amendments made by this Act if at least two subsequent studies fail to confirm the initial safety and efficacy conclusions. Requires written informed consent for administration of a drug approved under amendments made by this Act.
United States · United States Congress · 10 July 1991
Irwin Rutman Retired Safety Officers Benefits Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide: (1) death benefits to the families of retired public safety officers who die as the direct result of a personal injury sustained while responding to a fire, rescue, or police emergency; and (2) benefits to such officers who become permanently and totally disabled as the direct result of a catastrophic injury sustained while responding to such an emergency.
United States · United States Congress · 27 June 1991
Drug Treatment and Prevention Act of 1991 - Amends the Public Health Service Act (PHSA) to direct the Secretary of Health and Human Services to: (1) establish a capacity expansion program that will provide grants to assist States to expand their capacity to provide effective and comprehensive treatment to individuals who use illegal drugs; and (2) award such grants to States in which a demand for drug treatment services exceeds the capacity of organizations operating in those States to provide such services. Sets forth application procedures, Federal funding limitations, and other requirements with respect to such program. Specifies that funds provided under this Act for such program shall supplement, not supplant, existing or planned drug treatment services in a State and shall be available only for the provision of direct treatment services. Authorizes appropriations. Amends the Drug-Free Schools and Communities Act of 1986 to revise provisions with respect to emergency grants to authorize the Secretary to make drug-free schools emergency target grants to eligible local educational agencies (LEAs) and consortia of LEAs (currently, limited to LEAs) that: (1) demonstrate significant need for additional assistance for purposes of reducing and preventing drug and alcohol use and drug-related crime among students served by such agencies (currently, to combat drug and alcohol use among such students); (2) support projects that require cooperative linkages between schools and communities to reduce and prevent drug and alcohol use among schoolchildren; (3) demonstrate the most effective approaches to reducing and preventing drug and alcohol use among schoolchildren; and (4) promote the goal that every school in America will be free of drugs and violence and will offer a discipined environment conducive to learning. Specifies: (1) authorized activities by LEAs with grant funds; and (2) eligibility and application requirements for such grants by LEAs and consortia of LEAs. Directs the Secretary, in awarding grants, to give special preference to applications that: (1) hold particular promise for reducing and preventing the incidence of drug and alcohol use and drug-related violence in elementary and secondary schools; (2) are based on a rigorous and comprehensive research design; and (3) have demonstrated that they will integrate the resources of families, community groups, and the media into an effective, community-based assault on drug and alcohol use in schools. Requires the Secretary to conduct an evaluation of this program. Sets forth provisions with respect to: (1) grant amounts and distribution of funds; and (2) set-asides from appropriations to conduct such evaluation, provide training and technical assistance to LEAs, and disseminate the results of the program. Authorizes approriations. Requires a local or intermediate educational agency or consortium to include in any application to the State educational agency for a drug and alcohol abuse prevention grant a statement of how any emergency target grants funded by the Government under this Act are integrated into the overall prevention plan set forth in the application. Amends the PHSA to require a State, in order to receive specified Federal funds, to develop, implement, and submit for approval a statewide drug treatment and prevention plan, which shall designate a single State agency for developing and implementing the plan. Sets forth plan and reporting requirements. Requires States to maintain expenditures for drug-related services at a level equal to not less than the average amount of such expenditures for the preceding two years to qualify for grants, subject to waiver by the Secretary under specified circumstances.
United States · United States Congress · 27 June 1991
Expresses the sense of the Congress that: (1) the Republic of Hungary has successfully made a peaceful transition from socialist dictatorship to Western democracy; (2) all political parties in the Hungarian Parliament are dedicated to the principles of human rights and free markets and the Hungarian Government fully desires to integrate the country into the free world of nations; and (3) Hungary has renounced the hostile and confrontational military posture of the now-defunct Warsaw Pact. Declares that, upon the final withdrawal of Soviet troops from Hungarian territory (scheduled for June 1991), Hungary will have regained its freedom from Soviet influence and should no longer be considered a socialist, one-party state, but a representative democracy.
United States · United States Congress · 26 June 1991
Religious Freedom Restoration Act of 1991 - Prohibits any agency, department, or official of the United States or any State (the government) from burdening a person's exercise of religion even if the burden results from a rule of general applicability, except that the government may burden a person's exercise of religion only if it demonstrates that application of the burden to the person: (1) is essential to further a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest. Sets forth provisions pertaining to judicial relief, attorney's fees, and applicability.
United States · United States Congress · 26 June 1991
World Cup USA 1994 Commemorative Coin Act - Directs the Secretary of the Treasury to issue a specified number of five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins in commemoration of the 1994 World Cup and the unique appeal of soccer. Sets forth certain features of such coins and provides for their design, issuance, and sale. Requires that all sales include a surcharge of $35 per coin for the five-dollar coins, $7 per coin for the one-dollar coins, and $1 per coin for the half-dollar coins. Requires that all surcharges be paid to the Organizing Committee to organize and stage the 1994 World Cup. Requires that ten percent of such funds shall be made available through the U.S. Soccer Federation Foundation, Inc., for distribution to institutions for scholastic scholarships to qualified students.
United States · United States Congress · 26 June 1991
Constitutional Amendment - Requires the Congress and the President, prior to each fiscal year, to agree on an estimate of total receipts (except those derived from borrowing) for that fiscal year by enactment of a law devoted solely to that subject. Prohibits outlays for that year (except those for repayment of debt principal) from exceeding this amount unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of the total membership of each House by roll call vote before any bill to increase revenue may become law. Waives these provisions when a declaration of war is in effect. Makes this article effective beginning with FY 1995 or with the second fiscal year after its ratification, whichever is later.
United States · United States Congress · 19 June 1991
Expresses the sense of the Congress that: (1) President Bush, Administration officials, and the President's emissary should be commended for their diplomatic initiatives to secure the release of Ethiopian Jews; (2) the Government of Israel should be commended for carrying out Operation Solomon, for its efforts to reunite Jews with their families, and for welcoming this community with open arms; (3) individuals and private voluntary organizations should be applauded for their support of the Jewish community in Ethiopia; and (4) the United States should make every effort to bring an end to the civil war in Ethiopia, increase support for famine relief, and ensure the release to Israel of Jews remaining in Ethiopia.
United States · United States Congress · 18 June 1991
James Madison-Bill of Rights Commemorative Coin Act - Directs the Secretary of the Treasury (the Secretary) to mint and issue five-dollar gold coins emblematic of the Bill of Rights, and one-dollar silver coins emblematic of James Madison. Sets forth guidelines for their sale and issuance, and for financial assurances. Mandates that the surcharges received by the Secretary shall be transmitted to the James Madison Memorial Fellowship Trust Fund. Authorizes audits by the Comptroller General. Provides a general waiver of procurement regulations when implementing this Act.
United States · United States Congress · 18 June 1991
Authorizes the President, on behalf of the Congress, to present to the Secretary of Defense, Richard B. Cheney, a gold medal in recognition of his exemplary performance as a leader in coordinating the planning, strategy, and execution of combat action by U.S. armed forces which led to the liberation of Kuwait. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 6 June 1991
Octane Display and Disclosure Act of 1991 - Amends the Petroleum Marketing Practices Act to require certification and posting for all liquid automotive fuels (currently, automotive gasolines). Authorizes States or local governments to provide for any investigative or enforcement action, remedy, or penalty permitted under such Act. Revises Federal Trade Commission enforcement provisions regarding acts or practices constituting violations of the Federal Trade Commission Act. Changes the Environmental Protection Agency's authority to conduct field testing of the octane rating of automotive fuels from mandatory to discretionary. Directs the Administrator of the Environmental Protection Agency to carry out a study to determine whether, and if so, how, the anti-knock characteristics of nonliquid fuels usable as motor vehicle fuels can be determined. Directs the Secretary of Energy to study the feasibility and desirability of using dye to: (1) differentiate automotive fuels with different fuel ratings so that the rating can be determined by its color; and (2) identify transportation fuels required by law for clean air or other environmental benefits. Directs the Federal Trade Commission to study the need for, and the desirability of, having a uniform national label on devices used to dispense automotive fuel to consumers that would consolidate information required to be posted on such devices. Requires reports to the Congress on the studies carried out under this Act within one year.
United States · United States Congress · 5 June 1991
Vehicular Natural Gas Act of 1991 - Amends the Natural Gas Act of 1938 to exempt from its provisions any person engaged in the sale or transportation of vehicular natural gas and who is: (1) not otherwise a natural gas company; or (2) subject primarily to State regulation. Exempts from Federal regulation the sale or transportation of natural gas in closed containers by any person who is not otherwise a public utility to another person for the use as vehicular fuel. States that a company shall not be considered to be a gas utility company under the Public Utility Holding Company Act of 1935 solely because it owns or operates vehicular natural gas distribution facilities. Permits a company registered under such Act solely because of its ownership of gas utility company voting securities to acquire any interest in any company that is not a public utility company and whose primary business relates directly to specified vehicular natural gas activities.
United States · United States Congress · 4 June 1991
Older Americans Long-Term Care Insurance Act of 1991 - Amends the Internal Revenue Code to require that, for the purpose of determining the income tax liability of issuers of qualified long-term insurance, the contracts be treated as accident or health insurance. Applies this provision to policies covering at least 12 consecutive months of necessary diagnostic, preventive, therapeutic, rehabilitative, or personal care services that are provided in a setting other than an acute care unit of a hospital. Directs the Secretary of Health and Human Services to: (1) submit to the Congress before 1993 a study on long-term insurance policies; and (2) report annually to the Congress regarding the certification of qualified long-term care insurance. Treats qualified long-term care insurance as accident or health insurance and its benefits as benefits for personal injuries or sickness for purposes of determining appropriate tax exclusions for employer contributions or employee benefits. Permits qualified long-term care insurance to be offered in cafeteria plans. Excludes from gross income: (1) distributions or payments from individual retirement plans that are used during the year to pay the premiums for qualified long-term care coverage of individuals aged 59 1/2 or older; and (2) amounts received upon surrender, cancellation, or exchange of a life insurance contract and used during the year to pay the premiums for qualified long-term care insurance. Provides that payments under a life insurance contract to an individual who is terminally ill or permanently confined to a nursing home shall be treated as death benefits, making such payments eligible for exclusion from gross income. Requires any reference to a life insurance contract to be treated as including a reference to a qualified accelerated death benefit rider on such contract. Describes such a rider as one which provides for payments to a terminally ill individual or one who is permanently confined to a nursing home.
United States · United States Congress · 4 June 1991
Designates August 1, 1991, as Helsinki Human Rights Day. Authorizes and requests the President to: (1) reassert American commitment to the Helsinki Accords; (2) raise the issue of noncompliance with such Accords with any signatory nation which may be in violation; (3) convey to all signatories of such Accords that respect for human rights and fundamental freedoms is vital to progress in the ongoing Helsinki process; and (4) develop new proposals to advance the human rights objectives of the Helsinki process, including the self-determination of peoples.
United States · United States Congress · 4 June 1991
Expresses the sense of the Congress that the President, in recommending in 1992 a waiver of human rights and emigration requirements for nondiscriminatory treatment (most-favored-nation treatment) for the Soviet Union under the Trade Act of 1974, should consider whether: (1) specified objectives relating to emigration and Helsinki Accords have been and will be met by such country during the period of the waiver; and (2) Soviet law and intent are resulting in a sustained pattern of emigration and a cessation of hidden barriers to it.
United States · United States Congress · 23 May 1991
Generic Drug Enforcement Act of 1991 - Amends the Federal Food, Drug, and Cosmetic Act to require that any person convicted of a felony under Federal law for conduct relating to the development or approval, including the process for development or approval, of any abbreviated drug application (ADA) be debarred from submitting any ADA. Allows debarment, if there is reason to believe the person may undermine the regulatory process, of a person: (1) convicted of a Federal misdemeanor or a State felony in connection with an ADA; (2) convicted of bribery, fraud, or similar crimes; (3) convicted of obstruction of justice; (4) who materially participated in acts that were the basis for such convictions; or (5) who knowingly used the services of a debarred person. Provides for: (1) the term of debarment; (2) termination of debarment; and (3) publication of a list of debarred persons. Allows an ADA to be denied in certain circumstances, including: (1) involving a bribe or a pattern of false statements; or (2) if a significant question has been raised regarding the integrity of the approval process or the reliability of data. Requires, in the case of a bribe or a pattern of false statements, or if there are flagrant, repeated, and uncorrected violations of good manufacturing practice or good laboratory practice which may undermine the safety and efficacy of the drugs: (1) the suspension of distribution of all drugs the development or approval of which was related to such actions; or (2) the suspension of all drugs approved under ADAs of such person. Allows waiver of the suspension requirement if necessary to protect the public health. Provides for termination of suspensions. Adds a requirement that an ADA contain: (1) a certification that the applicant did not and will not use the services of a person debarred in connection with the application; and (2) a list of all convictions within the last five years of the applicant and affiliated persons responsible for the development or submission of ADAs. Prescribes civil penalties for certain actions in connection with ADAs, including: (1) false statements or bribes; (2) destruction, alteration, or secretion of evidence; (3) failure to disclose facts; (4) obstruction; (5) use of a debarred person; or (6) provision of services by a debarred person. Allows the Secretary of Health and Human Services to make a monetary award for information leading to the imposition of a civil penalty. Declares the Secretary's decision on such an award not reviewable. Requires withdrawal of approval of an ADA facilitated, in whole or in part, through bribery, fraud, or false statement. Allows withdrawal if the applicant has repeatedly demonstrated a lack of ability to produce the drug with the formulations or manufacturing practice in the ADA and has introduced, or attempted to introduce, the adulterated or misbranded drug into commerce. Authorizes the Inspector General (IG) to investigate certain matters, including any allegation of: (1) misconduct by Food and Drug Administration (FDA) employees; (2) violation of existing provisions listing prohibited acts; (3) violation, or a class of violations, which the FDA Commissioner has requested the IG to investigate; and (4) violation, or a class of violations, for which the Secretary delegates authority to the IG or requests the IG to investigate. Mandates maintaining for public inspection, with regard to each ADA, the applicant's name, the name of the drug, and the persons and dates of assignment for chemistry and bioequivalence reviews. Repeals provisions requiring a hearing before the Secretary reports a violation to a U.S. attorney for institution of a criminal proceeding.
United States · United States Congress · 23 May 1991
Benjamin Franklin Memorial Fire Service Bill of Rights Act - Title I: Minting of Benjamin Franklin National Memorial Commemorative Coin - Benjamin Franklin National Memorial Commemorative Coin Act - Directs the Secretary of the Treasury to issue: (1) five dollar gold coins emblematic of Benjamin Franklin's contributions to the advancement of science; (2) one dollar silver coins emblematic of Benjamin Franklin's contributions to the American Fire Service. Sets forth sale and issuance guidelines, including a general waiver of procurement regulations and surcharge distributions. Title II: Fire Service Bill of Rights - Fire Service Bill of Rights Act - Amends the Federal Fire Prevention and Control Act of 1974 to set forth a fire service bill of rights, including the right of responding fire services to: (1) know the kind of danger presented by hazardous materials they face in emergency responses; and (2) be fully informed of infectious diseases their members face during the course of life safety activities. Declares that the bill of rights does not create any private right of action.
United States · United States Congress · 23 May 1991
AMERICA 2000 Excellence in Education Act - Title I: New American Schools - Authorizes financial assistance for creating New American Schools (NAS) in communities that have been designated AMERICA 2000 Communities (A2Cs). Provides that such NAS shall reflect the best thinking about teaching and learning, employ the highest-quality instructional materials and technologies, and be designed to meet the National Educational Goals as well as the particular needs of their students and communities. Directs the Secretary of Education (the Secretary) to reserve certain funds for a national program evaluation. Directs the Secretary to allocate the remaining funds among the States (and specified territories) in proportion to their respective numbers of members of Congress. Directs the Governor to nominate A2Cs to create NAS, for at least as many communities as there are members in the State's congressional delegation and at least one community in each congressional district of the State. Requires the Governor's nominations to be based on criteria established by the Secretary on the basis of expert panel advice, including: (1) the community's level of commitment and activity in the A2C initiative; (2) the community's schools' need for new and innovative educational programs; and (3) the quality of their application to the Governor. Sets forth conditions for the Secretary's approval, and for alternative nominations. Directs the Secretary to make NAS grants to selected agencies, organizations, and institutions on behalf of the selected communities. Limits any award to $1,000,000. Encourages grantees to adapt and implement one or more NAS designs developed by research and development teams funded by the NAS Development Corporation. Restricts use of such grant funds to certain special start-up costs associated with the creation and establishment of a NAS. Prohibits the use of such funds for construction or for the grantee's general administrative expenses. Requires each NAS to have obtained necessary State recognition or accreditation and to be fully operating by the start of the 1996-97 school year. Directs the Secretary, within 90 days, to convene an expert panel of educators, representatives of private business, and public representatives to advise on NAS program administration, including criteria for nomination of communities. Directs the Secretary to use reserved funds to conduct a national evaluation of NAS program impact on schools and communities and on education generally. Requires reports to the President and the Congress. Authorizes appropriations. Title II: Merit Schools - Authorizes appropriations for Merit School awards to reward public and private elementary and secondary schools and faculties that make documented progress in attaining the National Education Goals, particularly the goal of increasing students' mastery of the core academic subjects. Directs the Secretary to allocate specified funds among the States on the same basis as allocations for education of disadvantaged children under title I of the Elementary and Secondary Education Act of 1965 (the ESEA chapter 1 program). Requires Governors to submit State grant applications for a three-year period, which may be followed by an application for a two-year period. Makes specified provisions of the General Education Provisions Act (GEPA) inapplicable to this title. Specifies State use of funds for administrative costs (five percent) and Merit School awards (95 percent), with at least 20 percent of the latter earmarked for schools that demonstrate exceptional progress in improving students' performance in mathematics and science. Requires each Governor to: (1) establish a State review panel to assist in selection of Merit Schools; (2) submit annual program reports to the Secretary; and (3) apply specified national and State criteria in selecting schools. Requires each Merit School to use its award for activities to further its educational program, including staff bonus payments, college scholarships for secondary school students, special programs, equipment and materials, parental involvement, community outreach, and program replication. Prohibits State or local reduction of other assistance to the Merit School or its local educational agency. Title III: Teachers and School Leaders - Part A: Governor's Academies for Teachers - Directs the Secretary to make a one-time, five-year grant to each State to establish and operate Governor's Academies for Teachers and to recognize outstanding teachers. Requires a Governor to use the State's grant to make competitive awards to the State educational agency (SEA), local education agencies (LEAs), institutions of higher education, and other public and private organizations or consortia, to establish and operate such Academies. Allows such Academies to be operated in cooperation or consortium with those of other States. Requires each Academy to conduct a program of intensive instruction for current elementary and secondary school teachers, during the summer or the school year, focusing on the core academic disciplines of English, mathematics, science, history, and geography. Directs the Governor to allocate to each Academy funds for a program of cash awards and recognition to outstanding teachers in the core academic subject or subjects covered by the Academy program. Requires Academies to select such teachers from nominations received from various groups. Limits any such award to $5,000, but allows the recipient to choose how to use it. Authorizes appropriations. Part B: Governors' Academies for School Leaders - Directs the Secretary to make a one-time, five-year grant to each State to establish and operate a Governor's Academy for School Leaders. Requires the Governor to make competitive awards to the SEA, LEAs, institutions of higher education, and other public and private organizations or consortia, to establish and operate such an Academy. Allows such academies to be operated in cooperation or consortium with those of other States. Directs each Academy to carry out specified activities relating to school leadership training and development. Authorizes appropriations. Part C: Alternative Certification of Teachers and Principals - Authorizes appropriations to assist States to develop and implement alternative certification requirements to improve the supply of well-qualified elementary and secondary school teachers and principals. Makes certain GEPA provisions inapplicable to this part. Requires States to use such funds to support programs, projects, or activities that develop and implement new, or expand and improve existing, alternative teacher and principal certification requirements. Authorizes States to do so directly, through contracts, or through subgrants to LEAs, intermediate educational agencies, institutions of higher education, or consortia of such agencies. Title IV: Educational Reform and Flexibility - Part A: Educational Reform Through Flexibility and Accountability - Amends the General Education Provisions Act (GEPA) to establish a program for flexibility and accountability in education and related services. Directs the Secretary to assist projects for elementary and secondary schools and other service providers to improve achievement of all students and other participants, but particularly disadvantaged individuals, by authorizing waivers by which Governors, SEAs, LEAs, and other service providers can improve performance of schools and programs by increasing their flexibility in use of resources while holding them accountable for achieving educational gains. Authorizes the Secretary, in support of such projects, to waive, with specified exceptions, any statutory or regulatory requirement applicable to any program administered by the Department of Education that may impede a school or service provider from meeting the special needs of such students and other individuals. Authorizes other Federal agency heads, with the Secretary's agreement, to make similar waivers for their programs. Limits duration of projects and associated waivers to a maximum of three years; but authorizes the Secretary to extend a project and any associated waivers for an additional two years if it is making substantial progress in meeting its goals. Requires the Secretary to terminate a project and its associated waivers at any time if acceptable progress is not being made. Grants other Federal agency heads authority to determine extension or termination of their waivers. Grants the Secretary exclusive authority to extend or terminate a project. Requires each project that involves elementary or secondary schools to include participation of an SEA and at least one LEA and two schools. Requires, to the extent possible, project participation by each grade and academic program, including ESEA chapter 1 programs, in a participating school. Prohibits unreasonable concentration of available resources in participating schools, if fewer than all schools in an LEA participate. Requires each project that does not involve elementary or secondary schools to involve at least two programs, at least one of which is administered by the Secretary. Prohibits waiver of requirements: (1) in awarding new competitive grants to agencies participating in such projects; (2) relating to maintenance of effort, comparability, or equitable participation of private school students; and (3) under specified provisions of GEPA, the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Education Amendments of 1972, the Age Discrimination Act of 1975, and the Individuals with Disabilities Education Act. Sets forth requirements for reports and evaluations. Provides for the budget neutrality of such program. Part B: Amendments to Chapter 2 - Amends chapter 2 (Federal, State, and Local Partnership for Educational Improvement) of title I of the Elementary and Secondary Education Act of 1965 (ESEA chapter 2) to provide that part A funding for educational reform and improvement shall be divided equally between State and local programs (50 percent to each, while the current allocation formula requires at least 80 percent to go to local programs and not more than 20 percent to State programs). Reduces the portions of such State-level funds which: (1) may be used for State administration (from 25 to ten percent); and (2) must be used for the effective schools programs (from 20 to eight percent). Revises State application requirements to require approval by the Governor before submission to the Secretary. Includes educational choice programs among local targeted assistance programs of SEAs and LEAs. Includes, among authorized activities of such programs, any activities or expenses directly related to planning, implementing, operating, evaluating, and disseminating information about the LEA's educational choice program, including expenses of parents and children resulting from their program participation. Title V: Parental Choice of Schools - Part A: Findings - Sets forth congressional findings relating to parental choice in education. Part B: Parental Choice and Chapter 1 - Amends chapter 1 Financal Assistance to Meet Special Educational Needs of Children) of title I of the Elementary and Secondary Education Act of 1965 (ESEA chapter 1) to provide for chapter 1 services for children participating in educational choice programs. Requires the LEA to provide such services in the form of: (1) supplementary compensatory education services; or (2) if that is not feasible or efficient, payment to parents of a per-child share of the LEA's basic chapter 1 grant. Allows parents to use such funds only for: (1) purchase of supplementary compensatory education services that meet the child's special educational needs from any elementary or secondary school, or any other public or private agency, organization, or institution that the LEA designates; and/or (2) transportation costs related to the child's participation in the choice program. Excludes such payments from the gross income of parents for Federal income tax purposes. Allows an LEA to use chapter 1 funds for the additional transportation costs of children receiving chapter 1 services who are in an educational choice program. Requires that LEAs with educational choice programs to explain to parents of chapter 1 participating children: (1) the availability of compensatory education services under various available options; and (2) options available under the educational choice program and the chapter 1 program. Part C: Assistance for Parental Choice Programs - Directs the Secretary to make one-year grants to LEAs that carry out educational choice programs. Authorizes appropriations. Makes an LEA eligible for such a grant if it: (1) will carry out an educational choice program during the year for which assistance is sought; and (2) carried out such a program during the preceding year. Defines an educational choice program, as one adopted by a State or an LEA under which: (1) parents select the school, including private schools, in which their children will be enrolled; and (2) sufficient financial support is provided to enable a significant number or percentage of parents to enroll their children in a variety of schools and educational programs, including private schools. Requires LEAs to use grant funds only for student educational services and parental involvement activities in addition to those that would otherwise be provided from State or local funds. Prohibits use of grant funds for LEA general administrative expenses. Part D: Parental Choice Programs of National Significance - Directs the Secretary to make five-year grants to SEAs, LEAs, and other agencies, institutions, and organizations to conduct and demonstrate nationally significant model programs of educational choice. Authorizes appropriations. Directs the Secretary, in any fiscal year for which funds are available to make new awards, to announce the approaches to educational choice that will be considered in the competition for such funding. Requires grant recipients to use such funds only for activities directly related to planning, implementing, operating and evaluating, and disseminating information about, the educational choice demonstration program. Allows such funds to be used to meet expenses of parents and children resulting from their participation in such program. Title VI: National Assessment of Educational Progress - Amends the General Education Provisions Act (GEPA) to extend through FY 1996 the authorization of appropriations for the National Center for Educational Statistics and its programs, including the National Assessment of Educational Progress (NAEP). Requires the NAEP to collect representative data on a national and State basis for those States that choose to participate. Repeals a requirement for data collection on a regional basis. Requires the NAEP to collect and report data: (1) at least once every four years in the core academic areas of reading, writing, mathematics, science, history, and geography; and (2) annually on students at specified ages and in specified grade levels. (Current law varies such deadlines for the different academic subjects and sets a biennial deadline for the age and grade levels.) Removes a confidentiality restriction on NAEP information with respect to individual schools. Removes a prohibition against use of NAEP test items and data to rank, compare, or otherwise evaluate individual students, schools, or school districts. Requires States which choose to enter NAEP agreements to conduct such Assessment at the school level for all schools in the State sample and coordinate within the State, subject to a minimum State contribution of $100,000. Directs the Secretary to pay the State a certain amount for the costs of conducting such Assessment in excess of the minimum State contribution. Title VII: National Commission on Time, Study, Learning, and Teaching - Establishes a National Education Commission on Time, Study, Learning, and Teaching (the Commission). Requires the Commission to examine the quality and adequacy of the study and learning time of U.S. elementary and secondary students in an era when World Class Standards of achievement need to be met, including issues regarding: (1) the length of the school day and year; (2) the extent and role of homework; (3) how time is currently being used for academic subjects (especially the five core subjects of English, mathematics, science, history, and geography); (4) year-round professional opportunities for teachers; and (5) the use of school facilities for extended learning programs. Directs the Commission, within one year after it concludes its first meeting, to subject a final report to the Congress and the President. Requires such report, in addition to the primary issues, to analyze and make recommendations about: (1) use of incentives for students to increase educational achievement in available instructional time; (2) how children spend time outside school; and (3) if appropriate, a model plan for adopting a longer academic day and year for U.S. elementary and secondary schools by the end of this decade, including mechanisms to assist in such transition. Terminates the Commission 90 days after it submits its final report. Authorizes appropriations. Title VIII: Regional Literacy Resource Centers - Amends the Adult Education Act to direct the Secretary to make grants or contracts for operation of regional literacy resource centers in appropriate regions. Makes eligible for such grants or contracts SEAs, LEAs, State literacy offices, volunteer-organizations, community-based, organizations, institutions of higher education, or other nonprofit entities. Provides that the Federal share of activity costs shall decline over a five-year period from a maximum of 80 percent to 60 percent. Authorizes appropriations. Title IX: General Provisions - Sets forth definitions for this Act. Makes specified provisions of Federal law permitting consolidation of grants to the Insular Areas inapplicable to funds received by such an area under this Act.
![Official portrait of Rep. Lent, Norman F. [R-NY-4]](https://www.congress.gov/img/member/l000243_200.jpg)